Legal Question in Real Estate Law in New York

Our home is in foreclosure but has no sale date as of yet. What happens once there is a sale date? By law in New York state, will we get a formal letter stating which date we have to vacate the house or are they just going to knock on the door one day and say you have to get out now? I have been trying to reach the lawyers office who are representing the mortgage company, but they have not gotten back to us. We cannot afford a lawyer of our own to represent us. Please advise us. Thank You.


Asked on 5/28/14, 12:48 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

The plaintiff's attorney will set a sale date and give notice of the sale. Notice is by mail (if you appeared in the foreclosure suit), by publishing a notice in the paper (twice a week for three weeks or once per week for four weeks). The auction will follow. The successful bidder may send you letters and demands, and if you do not comply then, eventually, a process server will arrive, show you the deed signed by the referee, and read out a section from the judgment ("that the purchaser upon the sale be let into possession upon production of the referee's deed and the reading of this paragraph of the judgment.")

At that point, they can either bring a summary proceeding in the housing court or ask the supreme court to issue a writ of assistance. In either case, you receive a notice: notice of petition in landlord-tenant or notice of motion for the writ. The summary proceeding results in a warrant to remove you; the marshall gives notice (72 hours in hand or six business days by mail) and evicts just like in landlord-tenant court. Or the sheriff gives like notice and then shows up to evict.

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Answered on 5/28/14, 5:16 am


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